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a. The Board of Adjustment shall render a decision not later than one hundred twenty (120) days after the date (1) An appeal is taken from the decision of an administrative officer, or (2) The submission of a complete application for development to the Board of Adjustment pursuant to N.J.S. 40-55D-72
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b. Failure of the Board to render a decision within such one hundred twenty (120) day period or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant
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c. Whenever an application for development requests relief pursuant to paragraph b of this Section, the Board of Adjustment shall grant or deny approval of the application within one hundred twenty (120) days after submission by a developer of a completed application to the Administrative Officer or within such further time as may be consented to by the applicant In the event that the Developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this Article. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
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Whenever review or approval of the application by the County Planning Board is required by N.J.S. 40:276.3, in the case of a subdivision, or N.J.S. 40.27-6 6, in the case of a site plan, the Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time | |||||||
An application under this Section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act (Ord. #2-77, 19-3.8) | |||||||